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Looking to apply for a visa which allows me have an Employee Authorization Document (EAD) to enter into the US after marriage

Tampa, FL |

I am a healthcare professional from India, getting married to my fiance who is currently on F-1 visa (CPT) in the US during mid-2014. He has been offered a full-time job and H1-B processing will start by April 2014 as advised by the company he is interning for. My question is, what would be the best visa for me to apply for in order to seek an entry into the USA. I am looking at a visa which allows me to have an Employment Authorization Document (EAD), basically the one which allows me to work or study for work. Thank you in advance.

Attorney Answers 4

Posted

With either an F-2 or an H-4 visa, you won't be able to get work authorization, both of which are dependent on you fiance. If you want a visa that allows you to work or study, the best solution is for you to find an employer or school willing to assist you.

The information you obtained at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Asma Chaudry invites you to contact her directly and welcomes your calls, letters and electronic mail. Contacting Asma Chaudry does not create an attorney-client relationship. Please do not send any confidential information to her until such time as an attorney-client relationship has been established. asma@asmachaudry.com (732) 662-4125

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Posted

As a fiancé you are not an immediate relative and you are not eligible for any type of visa based on that relationship.
Depending on your profession in the health care field you may be eligible for a visa or even a LPR status.
I suggest you consult with an experienced immigration attorney to determine your alternatives.

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Asker

Posted

Thank you for your response. I am wanting to enter US only after my marriage to him in mid-2014, by when he would be on F-1 (OPT) being processed for H-1B. Sorry for not making it clear earlier.

Posted

Try for an H1b if you have a bachelor's degree and you have a U.S. employer that requires that level of training and education.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Posted

I agree with my colleagues.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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